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[Utah Code Table of Contents]
[TITLE 53b. Table of Contents]
53B-15-101 Definitions.
As used in this chapter:
(1) "Disposable earnings" means the part of an employee's earnings remaining after the deduction of all amounts required by law to be withheld.
(2) "Earnings" or "earnings from personal services" means compensation paid or payable for personal services, whether designated as wages, salary, commission, bonus, or otherwise, and includes periodic payments under a pension or retirement program.
(3) "Public employee" means any employee, officer, or
servant of the state of Utah, or any office, department,
agency, authority, commission, board, institution, hospital,
college, university, or other instrumentality of the state,
or of any county, city, town, school district, special improvement
or taxing district, or any other political subdivision or
public corporation of or within the state.
1987
53B-15-102 Collection of defaulted student loan from public employee.
If a National Direct Student Loan or a student loan made
to a public employee under Title 53B is delinquent or in
default, the state college, university, or board responsible
for collection of the loan may proceed under this chapter
to collect the loan.
1987
53B-15-103 Proceedings - Notice - Inspection of records - Repayment - Hearing.
When a state college, university, or board determines that a public employee is indebted to the state for debts arising from a defaulted student loan, it may initiate proceedings to collect the debt through deductions from earnings by providing the public employee with the following:
(1) a minimum of 30 days' written notice as provided in Section 53B-14-102 ;
(2) an opportunity to inspect and copy college, university, or board records relating to the debt;
(3) an opportunity to enter into a written agreement with the college, university, or board, under terms agreeable to the college, university, or board, to establish a schedule for the repayment of the debt; and
(4) an opportunity for a hearing on the determination
of the college, university, or board concerning the existence
or the amount of the debt in accordance with Sections
53B-14-104
and
53B-14-105
and judicial review of an order of a hearing
examiner under Sections
53B-14-107
and
53B-14-108
.
1987
53B-15-104 Lack of response.
If a written response or payment of delinquent installments
is not received by the college, university, or board within
15 days from the date of receipt of the notice by the public
employee, the college, university, or board may determine
the balance due and proceed to collect the balance as provided
in Section
53B-15-105
.
1987
53B-15-105 Filing of abstract of order of default - Lien - Deduction from wages.
An abstract of an order of a hearing examiner stating
a default may be filed with the financial officer responsible
for payment of the public employee's wages. When filed, the
abstract constitutes a lien against 15% of the disposable
earnings due, or to become due, to the public employee to
the extent of the balance due plus interest. The financial
officer shall deduct the amount subject to this lien from
the public employee's disposable earnings, and remit the
deducted amount to the college, university, or board, but
no such amount shall be remitted to the college, university,
or board until 20 days after the date of the hearing examiner's
order.
1987
53B-15-106 Personnel information.
Upon written request of the state college, university,
or board, persons with access to personnel information regarding
public employees shall disclose the mailing address of individuals
who have defaulted under Section
53B-15-102
and who are current public employees for use
by the college, university, or board in locating those individuals
to collect student loan obligations.
1987
53B-15-107 Reimbursed costs.
The public employer may obtain reimbursement for costs
incurred in providing the information requested under Section
53B-15-106
through the state college, university, or board,
which costs are the responsibility of and collectible from
the public employee.
1987
